Q&A – 25 September 2023
Minimum age of student pilot
I have completed my O levels and intend to start training as a pilot. My cousin informs me that I can only do so once I complete A levels and attain the age of 20 years. Is there no fast track way of getting at least a student licence so I can start training? Since I will be flying within Tanzania do I need to know the English language?
PO, Dar
Under the Civil Aviation (Personnel Licensing) Regulations 2017 (Regulations), to be eligible to receive and log flight instructions, a person must be in possession of a valid Student Pilot Licence (SPL). To be eligible for issuance of a SPL, an applicant shall be at least 16 years of age for a licence other than the operation of a glider, airship or balloon; be at least 16 years of age for the operation of a glider balloon or airship; able to demonstrate the ability to read, speak, write, and understand the English language; and be in possession of a valid Class 2 Medical Certificate issued under the Regulations.
Further, the regulations provide that a holder of a SPL shall not act as pilot in command (PIC) of an aircraft: that is carrying a passenger; that is carrying property for compensation or hire; that is operated for compensation or hire; in furtherance of a business; on an international flight amongst others.
Moreover, a holder of an SPL shall not operate an aircraft in solo flight unless that student pilot has received within the 90 days preceding the date of the flight an endorsement made in the student’s logbook from an authorised instructor for the specific make and model of aircraft to be flown.
Lastly, it is mandatory to demonstrate the ability to speak and understand the English language used for radio telephony communications to the level specified in the Regulations. Hence Kiswahili alone will not do even if you are flying within Tanzania.
Online suppliers of services
There are so many online providers of various services in Mwanza but their physical address and registration status is unknown. Is there no requirement for consumers to know who they are and where they operate from? I say so as many of these service providers don’t deliver what they promise and it is impossible to trace them.
PM, Mwanza
Under the Electronic Transactions Act, a supplier offering goods or services for sale, hire or for exchange electronically, shall provide the following information to consumers- full name, legal status and place of business; contact details including physical address, telephone and e-mail addresses; a full description of the goods or services offered; the price of the goods or services; information on the payment mechanism that complies with other written laws; and any other relevant information.
The Act states that before a consumer places an order, the supplier shall provide the consumer with an opportunity to- review the entire electronic transaction; correct any mistake; and withdraw from the transaction. Where a supplier contravenes this, the consumer may, within 14 days of receiving the goods or services, cancel the transaction.
Further, any person doing such a business in Tanzania must, at the bare minimum, have a tax identification number and issue an electronic fiscal receipt for tax purposes.
Corporal punishment by Court
What is the procedure for imposition and infliction of corporal punishment imposed by the Court? Does the law limit the maximum number of strokes that can be imposed by the Court? Can corporal punishment be imposed for any offence? Is it legal to impose this primitive punishment in this era?
PP, Tanga
The Procedure for imposition and infliction of corporal punishment is provided for under the Corporal Punishment Act [Cap.17 R.E 2002] and the Corporal Punishment Order [Cap.17 (S.L) R.E 2002].
Although corporal punishment can be imposed as an additional or alternate sentence, it cannot be imposed for any offence. Corporal punishment can only be imposed where the offender is convicted of an offence specified in the Schedules to the Corporal Punishment Act. To mention a few, offences specified in the Schedule include armed robbery, cattle theft, sexual offences, trophy offences, drug offences, witchcraft, theft, and assault.
Corporal punishment may be imposed in lieu of or in addition to any other form of punishment to which the offender may be liable for the offence. Children are usually sentenced to corporal punishment in lieu of other forms of punishment to which the child offender is liable for the offence. Adults are normally sentenced to corporal punishment as an additional sentence to other forms of sentence to which the adult offender is liable for the offence.
Corporal punishment has to be inflicted within 6 months from the date such sentence was passed or 6 months from the date the appeal was disposed of, if the offender appealed. Ordinarily the strokes are inflicted once except where the offender is undergoing corporal punishment following a conviction of robbery, armed robbery or trophy offences in which case the strokes can be inflicted in two equal instalments at the commencement of the prison term and immediately before the prisoner is finally released.
The maximum number of strokes the Court can impose to an offender is 24 strokes for an adult and 12 strokes for a child. Before the offender undergoes corporal punishment he/she should be examined by a medical officer to find if he/she is physically fit to undergo the punishment. Where the offender is certified to be physically fit to undergo corporal punishment, the punishment has to be executed in the presence of a medical officer, the magistrate and a prison officer whose rank is not below assistant superintendent.
The medical officer may direct the infliction of the strokes to stop if the physical condition of the offender at the time of executing the sentence does not allow infliction of corporal punishment for instance where the offender starts bleeding at the time of inflicting the strokes.
Where the medical officer certifies that the offender is unfit for corporal punishment, the Court may substitute that penalty for other forms of sentence like fine or custodial sentence. However, where the Court substitutes corporal punishment for custodial sentence, the length of prison term should not exceed 3 months imprisonment.